The legal definition of harassment in Washington state involves a pattern or a single act of intentional behavior that seriously alarms, annoys, harasses, or harms a person without serving a legitimate or lawful purpose, and that causes substantial emotional distress to the victim.
Key Elements of Harassment in Washington:
-
Course of Conduct or Single Act:
- Harassment can be a series of intentional acts over time that alarm, annoy, harass, or harm the victim.
- Alternatively, a single act of violence or threat of violence can qualify if it causes substantial emotional distress and involves a malicious threat or weapon.
-
Intent and Effect:
- The acts must be intentional and without a legitimate or lawful purpose.
- The victim must reasonably suffer substantial emotional distress as a result.
-
Legitimate or Lawful Purpose:
- The court considers whether the acts serve a lawful purpose, such as protecting legal interests or enforcing laws.
- Factors include whether the abuser initiated contact, whether the victim has clearly communicated that contact is unwanted, and whether the acts interfere with the victim’s privacy or create a hostile environment.
-
Threats and Fear:
- Under RCW 9A.46.020, harassment includes knowingly threatening to cause bodily injury, physical damage, confinement, or other malicious acts intended to harm physical or mental health.
- The threat must place the victim in reasonable fear that it will be carried out.
- Communication can include electronic means.
-
Criminal Classification and Penalties:
- Harassment is generally a gross misdemeanor.
- It becomes a class C felony if the offender has prior harassment convictions involving the same victim or threatens to kill the victim.
-
Civil Protection:
- Victims may seek civil anti-harassment protection orders under RCW 7.105 to prevent further harassment.
Summary Table of Harassment Elements in Washington State
Element | Description | Legal Reference |
---|---|---|
Intentional Acts | Series of acts or single violent/threatening act causing distress | RCW 7.105.010; RCW 9A.46.020 |
Substantial Emotional Distress | Acts must cause reasonable and substantial emotional distress | RCW 7.105.010 |
Lack of Legitimate Purpose | Acts must not serve a lawful or legitimate purpose | RCW 7.105.010 |
Reasonable Fear of Threat | Threats must place victim in reasonable fear of harm | RCW 9A.46.020 |
Criminal Penalties | Gross misdemeanor or felony depending on prior convictions and nature of threat | RCW 9A.46.020 |
Civil Remedies | Victims can obtain civil anti-harassment orders | RCW 7.105 |
This framework covers both criminal and civil aspects of harassment in Washington, emphasizing the intentionality, emotional impact, and absence of lawful purpose as core elements of the offense.
🔴 Immediate Actions (Today or ASAP)
- Ensure Your Safety: If you feel in immediate danger, call 911 or local emergency services right away.
- Document the Harassment: Write down details of each incident including dates, times, locations, what was said or done, and any witnesses.
- Preserve Evidence: Save all messages, emails, texts, social media posts, voicemails, or any electronic communication that shows harassment.
- Limit Contact: Avoid responding to the harasser. Do not engage in any communication unless advised by a lawyer or law enforcement.
- Inform Trusted People: Tell a trusted friend, family member, or coworker about the harassment for support and to have witnesses aware of your situation.
🟡 Short-Term Steps (This Week)
- Contact Law Enforcement: Report the harassment to your local police department, especially if threats or violence are involved.
- Seek a Civil Anti-Harassment Order: File for a protection order under RCW 7.105 at your local courthouse to legally prevent the harasser from contacting or approaching you.
- Gather More Evidence: Continue documenting new incidents and keep all records organized.
- Consult a Lawyer: Contact a local attorney who specializes in harassment or family law to understand your legal options.
- Consider Support Services: Reach out to local victim advocacy groups or counseling services for emotional support.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Attend Court Hearings: If you filed for a protection order, attend all court dates and bring your documentation and evidence.
- Follow Up with Police: Stay in contact with law enforcement about any new incidents or threats.
- Consider Civil or Criminal Actions: Based on advice from your attorney, you may pursue further civil claims or cooperate with criminal prosecution.
- Maintain Safety Measures: Update your safety plan, such as changing locks, phone numbers, or routines if necessary.
- Continue Support: Keep using counseling and support networks to help manage emotional distress.
Your Legal Rights
- You have the right to live free from harassment that causes substantial emotional distress.
- Washington law defines harassment as intentional acts or threats without lawful purpose that alarm, annoy, or harm you.
- You can report harassment to police who may charge the offender with a gross misdemeanor or felony if applicable.
- You can seek a civil anti-harassment protection order to legally stop the harasser from contacting or approaching you.
- You have the right to refuse unwanted contact and to have your privacy respected.
Where to Get Help
- Emergency: Call 911 if you are in immediate danger.
- Local Police Department: Report harassment and threats.
- Washington State Courts: Visit your local courthouse to file for an anti-harassment protection order under RCW 7.105.
- Legal Aid Organizations: Contact Northwest Justice Project (nwjustice.org) or other local legal aid for free or low-cost legal advice.
- Victim Advocacy Groups: Reach out to organizations like the Washington State Coalition Against Domestic Violence (wscadv.org) for support and counseling.
- Documentation Tools: Use a secure journal or app to keep a detailed record of incidents.
Become a member
Join legal professionals, students, and researchers working together to create a comprehensive, open-source legal encyclopedia.
Sign Up